You might not understand the meaning of local laws. For starters, they’re the same thing as municipal ordinances. When you’re charged with a violation of your town or city’s local code, it is also referred to as an infraction.
Let’s provide you with some further clarification. The United States Code serves as the country’s laws. Two examples of federal charges citing the United States Code are organized crime and kidnapping over state lines. In New Jersey, the state laws are known as the New Jersey Statutes. Everything from traffic violations to murder is found in the state statutes. Ordinances are local laws that only apply to municipalities. If you are accused of disobeying a local ordinance and want to fight the charge, your defense would be presented to the municipal court.
Penalties for Municipal Ordinance Violations
Caution. You should not disregard a summons for a municipal ordinance violation. You might not think that disobeying a local law is any big deal. A review of NJSA 40:49-5 might change your mind. Here’s a breakdown of some penalties that you could face:
- Up to a ninety-day jail sentence
- Fines as high as $2,000 and more
- Court ordered community service for up to ninety days
The penalties for unlawful solid waste disposal can be even more alarming. Municipalities can assess fines of up to $10,000. And, if you are convicted twice within one year for the same ordinance violation, you can receive additional penalties as a repeat offender.
Local Law Examples
Not sure what would be a violation of a local law? Let’s take a look at the City of Linden’s Municipal Ordinances. Ord. No. 49-83 § III offers guidelines concerning yard waste. You can’t just sweep, rake or blow yard waste to the curb without placing it into some type of container. If you don’t put those leaves or twigs in bags or cans, you can only do so within seven days before a scheduled pickup. You also are required to keep it least ten feet away from any storm drains.
Linden Police and its Public Works Department are charged with enforcing this ordinance. Failure to comply can result in fines up to $2,500, a ninety-day jail sentence or ninety days of community service.
Noise complaints are often an issue of concern. Springfield’s Municipal Ordinances contain a breakdown of many different types of noise, from construction equipment to snow blowers, to music amplification. Part of the ordinance prohibits personal or commercial vehicles from turning up the tunes or delivering loud messages between the hour of 10 pm and 8 am. Civil monetary penalties may be assessed for these offenses.
Contact Us
If you have received a ticket for a municipal ordinance violation, you should speak with an attorney to discuss representation. The Law Offices of Beninato & Matrafaljo can provide you with legal advice regarding your situation. Contact us as soon as you have been served with notice of an alleged infraction.
